HC upholds framing of corruption charges against XEn CPWD

Excelsior Correspondent
JAMMU, Dec 2: High Court today upheld the order of Special Judge, Anti-corruption (CBI Cases) whereby charges for offences under Section 120-B read with Section 420 RPC and Section 4-H read with Sections 5(2) and Section 5(1)(d) of J&K Prevention of Corruption Act have been framed against Ram Gopal Meena, Executive Engineer Central Public Works Department (CPWD) and the co-accused.
While dismissing the petition, Justice Sanjay Dhar observed, ” mere omission to make mention of a particular offence, though allegations contained in the sanction order constitute such offence, would not make the order of sanction illegal”.
As per the prosecution case, the FIR was lodged on the basis of preliminary enquiry conducted by the respondents into the allegations that the petitioner, who was posted as Executive Engineer, CPWD, at the relevant time, along with the co-accused had entered into a criminal conspiracy with the contractor M/s Sheikh Sons to cause wrongful loss to the State exchequer and corresponding wrongful gain to others in the contract for construction of boundary wall of 9.1 kilometer for Central University, Kashmir, at Ganderbal.
It was alleged that the wrongful loss to the State exchequer was caused to the tune of Rs.3.4 crore with corresponding gain to the accused. The petitioner had signed the contract agreement with accused Sheikh Nayeem Ahmad but the work of construction of boundary wall around the land of the Central University at Ganderbal was allotted to M/s Sheikh Sons, whose Proprietor is Sheikh Mohammad Yaqoob.
It was also found that Sheikh Nayeem Ahmad partly executed substandard work on behalf of M/s Sheikh Sons and this was in the knowledge of the petitioner. It is further alleged that the documents submitted by M/s Sheikh Sons instead of having been attested by a Gazetted Officer, were attested under the signature of Sheikh Nayeem Ahmad who was not authorized on behalf of M/s Sheikh Sons. It is further alleged that the work was not found satisfactory as per the reports of different inspecting officers as well as according to Joint Surprise Check report.
In spite of sub-standard work having been executed by the contractor, the running bills put up by Sheikh Nayeem Ahmad were passed by the petitioner, who was overall incharge of the work assigned with the task of supervising the construction of the work.